Chandigarh

DF-I

CC/730/2019

Niraml Kumar Bhalla - Complainant(s)

Versus

Club Destinasia - Opp.Party(s)

In Person

20 Aug 2020

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

                                                    ========

 

                                     

Consumer Complaint No.	:	CC/730/2019
Date of Institution	:	22/07/2019
Date of Decision	:	20/08/2020

 

Nirmal Kumar Bhalla, Resident of H.No.345, MDC, Sector 4, Panchkula – 134109 (Haryana).

 

…..Complainant

V E R S U S

 

[1]     Club Destinasia, through its Manager, 117 – First Floor, Global Business Park, Opposite Metro, Zirakpur – 140604.

 

[2]     Ms. Veerpal Kaur, Director Sales Manager, Club Destinasia, 117 – First Floor, Global Business Park, Opposite Metro, Zirakpur – 140604.

 

…… Opposite Parties

QUORUM:	RATTAN SINGH THAKUR	PRESIDENT
	SURJEET KAUR	MEMBER
	DR.S.K.SARDANA	MEMBER

                                                                       

ARGUED BY	:	Complainant in person.
	:	Opposite Parties ex-parte.

 

Per Surjeet Kaur, Member

 

1.         Adumbrated in brief, the facts necessary for the disposal of the instant Consumer Complaint are, allured by the rosy pictures projected by the Opposite Parties about their holidays membership packages, the Complainant made payment of Rs.70,000/- through ATM Card and was promised 5 star accommodation, both for domestic as well as international destinations, with no bar of advance bookings in peak season. On receipt of the Welcome Kit, the Complainant noticed that there was a huge difference in terms & conditions recorded in the Kit with what was discussed & finalized at the time of making payment. The Complainant immediately contacted the Opposite Parties, with a request to cancel the membership and to refund the entire amount paid. However, the request of the Complainant was turned down being beyond the permissible period of one week of the payment. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Parties, the complainant has filed the instant Consumer Complaint.
2.         Notice of the complaint was sent to Opposite Parties seeking their version of the case.
3.         However, nobody appeared on behalf of Opposite Parties despite service, therefore, they were proceeded ex-parte.
4.         Complainant led evidence.      
5.         We have heard the Complainant and have also gone through the entire record with utmost care and circumspection.
6.         Per pleadings of the Complainant, he deposited an amount of Rs.70,000/- through ATM Card for availing the promised benefits of the Membership Package offered by the Opposite Parties. However, on receiving the Welcome Kit, finding the terms & conditions to be entirely different from the ones explained to him at the time of taking the said Membership, the Complainant requested the Opposite Parties for the cancellation of the Membership, but the same was never acceded to.  
7.         Significantly, Opposite Parties did not appear to contest the claim of the complainant and preferred to proceed against ex-parte. This act of the Opposite Parties draws an adverse inference against them.
8.         The non-appearance of the Opposite Parties shows that they have nothing to say in their defence against the allegations made by the complainant. Therefore, the assertions of the complainant go unrebutted and uncontroverted.
9.         On perusal of the documents available on the file, we are unable to lay our hands on the receipt, which could show that the Complainant had made the payment of Rs.70,000/- to the Opposite Parties. But, the same can be believed, as the complaint is supported by a duly sworn affidavit of the Complainant and there is also Annexure C-2 showing that after receiving the agreed amount, the Opposite Parties sent the membership card, membership manual and their property list to the Complainant on 17.04.2019.
10.         In these set of circumstances, it is established beyond all reasonable doubts that the complaint of the Complainant is genuine. The harassment suffered by the Complainant is also writ large. The Opposite Parties have certainly and definitely indulged into unfair trade practice as they ought to have refunded the amount to the Complainant forthwith, which they miserably failed to do and propelled this unwarranted, uncalled for litigation upon the Complainant.
11.         At any rate, the Opposite Parties even did not bother to redress the grievance of the Complainant despite having approached for the same by the Complainant time and again. Thus, finding a definite deficiency in service on the part of the Opposite Parties, we have no other alternative, but to allow the present complaint against the Opposite Parties.
12.         For the reasons recorded above, the present complaint of the Complainant deserves to succeed against the Opposite Parties, and the same is partly allowed. The Opposite Parties are, jointly and severally, directed:-

[a]    To refund Rs.70,000/- to the Complainant;

[b]     To pay Rs.10,000/- as compensation to the complainant for deficiency in service, unfair trade practice and for causing harassment caused to him.

[c]     To also pay a sum of Rs.5,000/- to the complainant as litigation expenses. 

13.         The above said order shall be complied within 30 days of its receipt by Opposite Parties; thereafter, Opposite Parties shall be liable for an interest @9% per annum on the amounts mentioned in sub-para [a] & [b] above from the date of institution of this complaint, till it is paid, apart from cost of litigation as in sub-para [c]. 
14.         The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced

20^th August, 2020

                        Sd/-  

(RATTAN SINGH THAKUR)

PRESIDENT

 

 

Sd/-

(SURJEET KAUR)

MEMBER

 

 

Sd/-

(SURESH KUMAR SARDANA)

MEMBER

 

 “Dutt”